New Jersey Real Estate Law Questions & Answers

Q: We bought a townhome in Murrells Inlet, South Carolina four years ago. The HOA is now requiring us to move our back

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Feb 10, 2016

You need to ask attorneys in SC. NJ law is not relevant. Good luck.

Q: When foreclosed on , can the bank deny selling the home back to the owner if they have a mortgage commitment for owed

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Feb 9, 2016

The bank can sell the property to whom ever they chose. No, the 1099G is a tax form. The property sounds like it was already sold at sheriff sale. The only way to properly answer your question is with an in person consultation with an experienced mortgage foreclosure/bankruptcy attorney. Good luck.

Q: In New Jersey, do I have to pay my realtor commission for selling my house if I found the buyer myself?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Feb 9, 2016

Probably, you need a lawyer to review the contract and tell you, your rights and liabilities as every contract and situation is different.

Q: In NJ if you signed an Assent to Execution of Deeds and Waiver of Marital Rights are you still responsible for a

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Feb 7, 2016

There is an insufficient factual basis to answer your questions and address your concerns. You need to rewrite your statement in the form of a meaningful question for someone to be able to provide useful ideas. Good luck.

Q: Can a co borrower that is no longer on deed sue you to remove them from mortgage?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jan 18, 2016

Only a refinance of the mortgage will remove the co-borrower from the mortgage. The other person can try to force a sale, but there is no guarantee that they would be successful. You really need to consult with an experienced attorney to discuss the entire situation and have all your documents reviewed. Good luck.

Q: what are the steps i need to take to force my sister to sell a house we both own

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jan 17, 2016

You need to retain counsel to file a partition action. However, without an in person consultation it is impossible to know exaclty what will actually be required. Far more facts and documents will be necessary. Good luck.

Q: I am in the process of buying a condo with water damage inside due to a leaky roof. Is the Association responsible?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jan 5, 2016

Whether or not the association is responsible, requires an examination of the By Laws and more specific facts than you have provided. You need to have an in person consultation with an experienced attorney. Good luck

Q: is it leagal to dumpster dive in a condo u own at in hackensack nj.

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Jan 2, 2016

It depends, but why would you want to?

Q: I filed for chapter 7bankruptcy over 1 yr ago. My house was was part of the bankruptcy filing.

1 Answer | Asked in Bankruptcy and Real Estate Law for New Jersey on
Answered on Dec 10, 2015

Your Chapter 7 Bankruptcy eliminated your personal liability. Mortgages are a negotiable instrument which can be freely bought and sold. You need to have an in person consultation with an experienced mortgage foreclosure defense and bankruptcy attorney. The lenders all have attorneys, and the only way that your case will be taken seriously by them is by retaining an experienced mortgage foreclosure defense attorney. The defenses to mortgage foreclosure in NJ are much more limited than in many...

Q: Can an association stop me from allowing a sublease on my townhouse I own?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Nov 26, 2015

Yes, you are bound by the laws of the association. You have signed a binding legal contract. Good luck.

Q: my neighbor is doing a short sale on her home and I am interested on buying it, how can I legally obtain the property?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Nov 17, 2015

You should retain an attorney who is experienced in both mortgage foreclosure defense and real estate law. The best way to handle this will be to have the attorney handle all aspects of the short sale process for you. This will help you avoid all the the pitfalls of this process. Good luck.

Q: Property Lines, An investment company brought the home next to mine and tore down my fence and put a driveway what can ?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Nov 16, 2015

You can retain an attorney to write a letter on your behalf. If that does not resolve the problem, you will need to file suit. Good luck.

Q: In New Jersey can someone be on the title of a house and not the mortgage?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Nov 13, 2015

You both need to be very careful. If your relationship ends in divorce or if you both never get married, there are potential problems. Your name should be on the deed, even if it is not on the mortgage. Good luck.

Q: Re: Realtor showing home to buyers, Seller not present Must the inside of 2 car detached garage be shown?

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Nov 9, 2015

If the potential buyers want to see it, and the realtor refuses, they can choose to walk away. What's the problem.

Q: Trying to make an offer on a property. Our RE agent is refusing to make our requested changes to # of atty review days.

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Nov 2, 2015

No, the attorney review does not start until the attorney reviews the contract, but you will have a "reasonable time" to obtain an attorney. Good luck.

Q: NJ adverse possession question

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Oct 24, 2015

To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced real estate attorney. Good luck.

Q: what is the down side for life estate deed with power of appointment

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Oct 23, 2015

The main down-side is that the grantor may change his or her mind; but it would be too late. Is the person given the life estate also given the power of appointment? There may be adverse estate/ gift tax consequences too.

Q: i was told a home buyer can back out of a real est contract up to the minute of closing in new jersey? is this possible?

2 Answers | Asked in Real Estate Law for New Jersey on
Answered on Oct 21, 2015

There is an insufficient factual basis to answer your questions and address your concerns. You need to rewrite your statement in the form of a meaningful question for someone to be able to provide useful ideas. Good luck.

Q: if a couple is in legal debt but does not declare this to mortgage co when applying is this illegal.

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Oct 16, 2015

Yes, it is called FRAUD! People go to jail for fraud. In addition, the lender will find out anyway.

Q: Can a person living in house in FL under a living trust change locks on house without notifiying Trust

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Oct 16, 2015

You really need to ask this question in Florida. Here in NJ, it would depend on the terms of the trust. Good luck.

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